The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-06-19
A Truly Republican Constitution.

advantages.
A Truly Republican Constitution.
A few years ago tho country was agitated
by an effort to procure constitutional amend
ments that should prohibit special Legislation.
The need OF such amendments was felt to be
urgent, and it Is to be presumed that by this
time they have been very generally. II not
universally, adopted throughout the Union.
It Is needless to say, however, that they
have almost completely failed in securing
the end for which they were passed..
The truth Is. the strength Of the influences
that impcl to special Legislation have been
greatly moderated. Feeling that some dis
cretionary power must be left with Legislative
bodies, men believed that dam built across
the stream Of special Legislation, with small
sluiceway in the centre. would be sufficient
to regulate the current. But while. as a
matter Of form the dam is still standing, az
matter Of fact 1t has been almost entirely
swept away. Only enough remains to change
somewhat the outlines Of the Legislative cur
rent, to give it new direction, and to fur
nish here and there Governor with valid
reasons for vetoes Of special and local bills.
Popular misconception concerning the
scope and limitations Of sovereignty seems
to DO the origin Of our difficulty In the treat
ment Of franchises. Under kingly rule, and
in accordance with the well-known dlctum
Of LOUIS XIV, complete sovereignty Is vested
In the State; but when any country adopts an
exclusively representative system OF govern
ment, sovereignty is vested in the people,
and the State no longer holds tho relation Of
sovereign to the community. It is the COM
munity which has become the sovereign, and
tho State, in It's administrative machinery,
are apt to think that 1t holds tho relations Of
sovereign, and wo suffer the men who con-
duct its affairs to exercise their functions in
sovereign spirit. The Idea, however, is
misleading and mischievous to the last de-
gree; and to this oblivion OF the necessity for
keeping delegated power under strict Mmito-
tons, the overthrow Of every republican gov
eminent that lives only in history, has prob
ably been due. Nothing can be more unwlse
than to allow republican officials to grant
special privileges. The practice reproduces
some Of the worst features OF monarchy, with
even an exaggeratlon Of the mercenary mo-
tives that prevail to o greater or less extent
under all systems Of government.
We have been talking about holding Con-
stitutional Convention in New York. There
can DO no question that such Convention
would be good thing II the members were
chosen with an intelligent conception of
what the State really needs; but 1t would
not be good thing II they should come to-
gether for the purpose Of registering the
views Of tho men who have been most
clamorous In favor Of calling such Con-
vention. It might prove very evil thing,
indeed; for 1t might result In Strengthening
the hand Of the Legislature In the exercise Of
Just those powers which should be sternly
withheld from Its control.
The truly republican Constitution, the
Constitution Of the future, will embody In o
few compact sections all that Is worth hay
ing in those general lava that now regulate
property interests and franchises. It will
declare the right Of association to DO inner
cover without special enabling acts, all
forms Of incorporation In manner to leave
very little supplementary legislation to be
required. 1t will 30 protect municipal rights
that they will be beyond tho reach Of legisla-
tive invasion; and 1t will relieve from his
most arduous duties the freshly harvested
statesman, who carpet-bag In hand, goes to
the State Capitol for perhaps five months
campaign on some investigating committee.
1t will relieve, also. the ELUSIVE striker who
carries most fervid desire for the proteo-
ton Of the people. In the promptings of an
emotional pocket. When amended, 1t will
be changed In accordance with the usual
methods, subject to popular ratification.
It may be thought that such an instrument
would be extremely voluminous and cause
great deal of trouble. On the contrary. 1t could
be made exceedingly brief and simple; and 1t
would cause very little trouble. We over
rate the magnitude Of the service to be per-
formed on account Of the annual spectacle
which we arc compelled to witness at Albany
Ninety-ninc per cont. OF the Legislation Of
tho Empire State Ia carried forward for pur-
poses which tho Constitution might easily
cover In n few comprehensive sentences.
There ought not TO be anything novel in
this suggestion. The whole theory Of n
written Constitution comprchcnds li.tle more
than tho idea Of statutory law. Wo call 1t
organic law In this country, because we
stepped into our political estate only
half formed. and did not grow into
1t after the Old World fashion. But
every Constitution In the Union. In
Guiding the Constitution OF the United
States, contains considerable body OF regu-
lations which might have bcen provided by
Legislative enactments had they not been
constitutlonally established In advance.
The State Constitution should DO the peo-
Pies digest. It can be made to cover all tho
Legislation which Is now the source OF very
shameful corruption. and restore 10 the
electors the power which. year by year. they
are allowing 10 ain from thar banda We